Proposed Legislation

Dáil Éireann Debate, Tuesday - 13 July 2021

Tuesday, 13 July 2021

Questions (564)

Éamon Ó Cuív

Question:

564. Deputy Éamon Ó Cuív asked the Minister for Justice if she has considered the report by an organisation (details supplied) relating to easements issued in May 2021; if she is considering on foot of this report extending section 38 of the Civil Law (Miscellaneous Provisions) Act 2011 for another six years to enable the Law Reform Commission review the whole area of easements and their registration in view of the day to day experience since the commencement of the 2009 Act; and if she will make a statement on the matter. [37646/21]

Written answers

Minister for Justice

The Land and Conveyancing Law Reform Act 2009 provides for fundamental reform and modernisation of land law and conveyancing law and aims to simplify the law and the conveyancing process.

As the Deputy will be aware, this Act contains statutory provisions concerning the registration of easements. Part 8 updated the law concerning the acquisition of easements, including rights of way, based on recommendations of the Law Reform Commission.

The Civil Law (Miscellaneous Provisions) Act 2011 also contains some amendments to this Act in this area. Rights of way can be created either through grant by deed between the owner of the subject land and the owner of the land intended to benefit from the right, or alternatively a right of way can be shown to have been acquired by prescription, which is the acquisition of such rights by the user as of right over a substantial period of time.

My Department has received correspondence on this issue from a number of stakeholders including the detailed submission the Deputy has highlighted. My officials have discussed this issue with key stakeholders and are engaged in reviewing the points raised.